TBALink Opinion-Flash

June 20, 1996 -- Volume #2 -- Number #58

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

This Issue IN THIS ORDER:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
06-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE,v. LARRY WAYNE STOKES,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

CARLTON M. LEWIS            CHARLES W. BURSON
208 Third Ave., North       Attorney General & Reporter
Fifth Floor
Nashville, TN 37201         SARAH M. BRANCH
    (On Appeal)             Asst. Attorney General
                            450 James Robertson Pkwy.
WILLIAM NORMAN LIGON        Nashville, TN  37243-0493
Suite 1122
Stahlman Bldg.              JOSEPH D. BAUGH
Nashville, TN 37201         District Attorney General
    (At Trial)
                            JEFF BURKS
                            Asst. District Attorney General
                            P.O. Box 937
                            Franklin, TN 37065-0937
                         
First Paragraph:

The defendant was charged in the indictment with six counts
of rape of a child under thirteen years of age, in violation
of T.C.A. 39-13-522 (Supp. 1995).  At the close of proof,
the State elected to proceed upon one count of the
indictment and, on March 2, 1995, the jury found the
defendant guilty on that count.  At the sentencing hearing
on March 27, 1995, the trial court sentenced him to fifteen
years in the Department of Correction.  In this appeal as of
right, the defendant challenges the sufficiency of the
convicting evidence.  We find that the defendants issue on
appeal lacks merit, and we therefore affirm the judgment of
the trial court.

Judge:JOHN H. PEAY,Judge

URL:http://www.tba.org/tba_files/TCCA/STOKESLW.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. MICHAEL LEON CHAMBERS,

Court:TCCA

For Appellant:              For Appellee:
Frank Buck                  Charles W. Burson
Buck & Buck                 Attorney General & Reporter
124 West Main Street
Smithville, TN  37166       Charlotte H. Rappuhn
(on motion and appeal)      Assistant Attorney General
                            Criminal Justice Division
H. Marshall Judd            450 James Robertson Parkway
Asst. Public Defender       Nashville, TN  37243-0493
215 Reagan Street
Cookeville, TN  38501       Lillie Ann Sells
(at guilty plea)            Asst. District Attorney General
                            145 South Jefferson Avenue
                            Cookeville, TN  38501
                         
First Paragraph:

The defendant, Michael Leon Chambers, entered a plea of
guilt to theft over $10,000.00.  Thereafter, the trial court
denied a motion to withdraw the plea.  In this appeal, the
defendant claims that his plea was neither knowingly nor
voluntarily entered.  We disagree and thus affirm the
judgment of the trial court.

Judge: GARY R. WADE, JUDGE

URL:http://www.tba.org/tba_files/TCCA/CHAMBERS.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. WAYNE L. HUGHES, 

Court:TCCA

For the Appellant:          For the Appellee:

Jeffrey S. Pulley           Charles W. Burson
Attorney                    Attorney General and Reporter
Suite 602                   450 James Robertson Parkway
176 Second Avenue, North    Nashville, TN  37243-0493
Nashville, TN  37201 
                            Hunt S. Brown
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN  37243-0493

                            C. Michael Layne
                            District Attorney General
                            and
                            Steve Weitzman
                            Assistant District Attorney
                            Manchester, TN  37355 
                          
First Paragraph:

The defendant, Wayne L. Hughes, appeals from his Coffee
County convictions for felony reckless endangerment and
evading arrest.  The trial court imposed a Range I sentence
of two years for felony reckless endangerment to be served
concurrently with the eleven month, twenty-nine day sentence
imposed for evading arrest.  The sentences were to be
suspended after the service of seven months in jail.

Judge: Gary R. Wade, Judge

URL:http://www.tba.org/tba_files/TCCA/HUGHESWL.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. RONALD LEE LYONS, 

Court:TCCA

For the Appellant:              For the Appellee:

Ronald Lee Lyons, #72450        Charles W. Burson
So. Central Correction Center   Attorney General of TN
P.O. Box 279                    and
Discovery - DB-213              Clinton J. Morgan
Clinton, TN 38425               Asst Attorney General of TN
(Pro Se)                        450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                Dan Alsobrooks
                                District Attorney General
                                P.O. Box 580
                                Charlotte, TN 37036
                     
First Paragraph:

The petitioner, Ronald Lee Lyons, appeals from the Dickson
County Circuit Court's dismissal of his pro se petition
seeking credit for time served.  Initially convicted of
felonious assault and armed robbery in 1981 and sentenced to
confinement in the Department of Correction for fifty years,
the petitioner received a new trial in 1992.  After entering
guilty pleas, he was sentenced to two concurrent terms of
twelve years to be served consecutively to a sentence
arising from a 1973 conviction.  In this appeal as of right,
he contends that he was not given proper sentence reduction
credit for the length of incarceration between his initial
conviction in 1981 and the grant of a new trial in 1992.

Judge: Joseph M. Tipton, Judge

URL:http://www.tba.org/tba_files/TCCA/LYONSRL.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. CECIL ROBERTS,   

Court:TCCA

For the Appellant:              For the Appellee:

L. Craig Johnson                Charles W. Burson
Parsons, Nichols & Johnson      Attorney General/ Reporter
101 West Main Street    
Manchester, TN 37355            Robin L. Harris
                                Assistant Attorney General                          
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                C. Michael Layne
                                District Attorney General

                                Kenneth Shelton
                                Asst. District AG
                                Manchester, TN  37355
                        
First Paragraph:

The appellant, Cecil Roberts, appeals from a judgment of
conviction entered by the Circuit Court of Coffee County. 
The appellant pled guilty to one count of indecent exposure,
a class B misdemeanor.  The trial court sentenced the
appellant to six months incarceration in the county jail. 
The court then ordered the appellant to serve 15 days of his
sentence in the county jail and the balance on probation. 
As a condition of his plea, the appellant reserved the right
to appeal as a certified question of law the trial courts
denial of his motion to suppress identification evidence. 

Judge: David G. Hayes, Judge

URL:http://www.tba.org/tba_files/TCCA/ROBERTSC.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. HOWARD GLENN BRANUM,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:


JOHN HENDERSON              CHARLES W. BURSON
Public Defender             Attorney General & Reporter

C. DIANE CROSIER            HUNT S. BROWN
Asst. Public Defender       Asst. Attorney General
P. O. Box 68                450 James Robertson Pkwy.   
Franklin, TN  37065         Nashville, TN  37243-0493
                
                            JOE D. BAUGH
                            District Attorney General

                            JOHN W. BERRINGER
                            Asst. District Attorney General
                            P. O. Box 937
                            Franklin, TN  37065-0937
                        
First Paragraph:

O R D E R The defendant entered guilty pleas to charges of
driving under the influence, fifth offense, and to operating
a motor vehicle after having been declared a habitual motor
vehicle offender.  He received a sentence of eleven months
and twenty-nine days for the DUI offense with 180 days to be
served, and a fine of one thousand ($1000) dollars was
assessed.  On the felony conviction for violation of the
habitual motor offender law, the defendant was given a
consecutive two year sentence which is to be served in
Community Corrections.  As part of this sentence the
defendant was required to attend AA meetings, perform 200
hours of public service work, and undergo mandatory drug
screens.

Judge: JOHN H. PEAY,Judge

URL:http://www.tba.org/tba_files/TCCA/BRANUM.OPN.WP6

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